Insurance companies not paying out for snow crashes?
Insurance companies not paying out for snow crashes?
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Discussion

L666

Original Poster:

90 posts

258 months

Monday 29th November 2010
quotequote all
So I'm hearing rumours that insurance companies are now refusing to pay out for snow-caused crashes due to the driver "knowing there was a risk due to the road conditions but deciding to drive anyways". Is this true, has it happened to anyone you know? It's getting to the point that it's a waste of time to insure you car at this rate............

cptsideways

13,808 posts

273 months

Monday 29th November 2010
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Would these be the same people who bump up premiums for winter tyres?

Mind you if not fitted I would'nt be insuring drivers who do go out in it! Al'a Germany.

MKnight702

3,336 posts

235 months

Monday 29th November 2010
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This needs further clarification.

Are the insurance companies really saying that I am uninsured to drive if it's been snowing? I can see why they may want to, having seen 3 crashes on the A14 this morning due to ½" snow that looked to have cleared from the carriageway, but sorry, winter happens every year and has done so since the beginning of time.

plasticpig

12,932 posts

246 months

Monday 29th November 2010
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Sounds like bks to me. Very much doubt the FSA ombudsman would let the insurers get away with that.

L666

Original Poster:

90 posts

258 months

Monday 29th November 2010
quotequote all
Don't they already have the "Act of God" clause that excuses them from covering freak storm damage etc etc? And if you are an Athiest or Agnostic does that rule not apply to your policy wink

mmm-five

12,011 posts

305 months

Monday 29th November 2010
quotequote all
L666 said:
Don't they already have the "Act of God" clause that excuses them from covering freak storm damage etc etc? And if you are an Athiest or Agnostic does that rule not apply to your policy wink
If you're religious, does that mean that you can't claim at all, as everything is a god's fault.

Even the 'act of nature', or 'act of terrorism' could be classed as 'act of god' - and I've been an agnostic for 25 years due to the sadistic behaviour of my catholic teachers (only the bothers & sisters - not the 'civilian' ones) at grammar school.

S1MMA

2,447 posts

240 months

Monday 29th November 2010
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I have not seen wording for any UK motor policy that excludes use in snow or any other weather related condition.

as stated above, the "act of god" and/or "force majeure" exclusion relates to situations such as natural disasters such as earthquake or flooding/storm damage, although I don't have any evidence of case law that has tested how wide these exclusions have been applied. Any experts that have seen this in the courts care to comment?

I would not imagine that your insurer would be able to wriggle out of a claim if you were driving your car in rain/snow/ice etc... unless it was specificall excluded on the policy. The above condition that you must have winter tyres fitted before going out in snow could come into force in UK policies, and that would be a basis for non payment of claim if you go out and wrap a GT3 RS with cup sports in the snow - if I was in motor then I'd prob have it in there especially due to the unprofitable nature of motor at the moment, although appreciate that the country would shut down if it was in force nationwide.

Arctic Fox

47 posts

237 months

Monday 29th November 2010
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My wife spun her car on unseen ice and wrapped the car around a tree in February in the middle of the afternoon. However it wasn't below freezing temp, but the road is permenantly in shade and so any ice doesn't melt. Would this insurer not pay against this? As someone else said, winter happens once a year, perhaps 'leaves on road' will be next?

On German law, there isn't a necessity to put on winter tyres, in fact a lot of city dwellers don't. However if the Police decide after an accident that your car having 'summer' tyres was a contributory factor to the incident (not allowed to call them accidents any more 'cos they are apparently all avoidable), then you are liable - you choose!

BOR

5,069 posts

276 months

Tuesday 30th November 2010
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Arctic Fox said:
On German law, there isn't a necessity to put on winter tyres, in fact a lot of city dwellers don't. However if the Police decide after an accident that your car having 'summer' tyres was a contributory factor to the incident (not allowed to call them accidents any more 'cos they are apparently all avoidable), then you are liable - you choose!
It's now a legal requirement (as of 29.11.2010) to have winter tyres fitted "when there is a risk of snow or ice on the roads" . So not completely crystal clear, but definitely law.

BigBob

1,471 posts

246 months

Wednesday 1st December 2010
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mmm-five said:
.........I've been an agnostic for 25 years due ...........
Does that mean you go to church every other Sunday as you're not sure ................. wink


BB



mmm-five

12,011 posts

305 months

Wednesday 1st December 2010
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BigBob said:
Does that mean you go to church every other Sunday as you're not sure ................. wink
Nah, it's just that I'm not sure that there isn't a God - as it really depends on the definition of 'God', and these physical forces we feel/use everyday could be what's caused these 'miracles' over history.

Theologically, I believe there could be an overriding 'force' that controls our lives, but that still gives us enough room for 'free will'. Doesn't mean I have to believe in the story of the Bible, Qur'an, Torah, Guru Granth Sahib, Theravada, Jedi Path, etc.

bmimily

1 posts

182 months

Wednesday 1st December 2010
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Many insurance companies will try it, but legally they have to pay out for snow related accidents.

torquespeak

234 posts

189 months

Wednesday 8th December 2010
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L666 said:
So I'm hearing rumours that insurance companies are now refusing to pay out for snow-caused crashes due to the driver "knowing there was a risk due to the road conditions but deciding to drive anyways". Is this true, has it happened to anyone you know? It's getting to the point that it's a waste of time to insure you car at this rate............
As others have said, companies cannot simply ignore the relevant legislation. As for the point about winter tyres, the SMMT had a chat with the ABI last week, and the stories about insurers upping premiums when informed of winter tyre fitment were discussed.

The official line is that "the fitment of winter tyres does not constitute a modification that will affect premiums" (more via the link below).

http://www.smmt.co.uk/articles/article.cfm?article...

Of course, as with any service or maintenance to a vehicle, you have to ensure you're going by the manufacturer's recommendation/guidance unless you want a potential increase to premiums.

If you're fitting winter tyres to match the spec of your existing tyres, there should be no need to inform insurers as there is no "modification". I imagine there is a potential issue for insurers however if you're swapping size from, eg, wide low pro on alloy to thin chunky on steel.